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Sunday, 15 November 2015

Child Born Out of Rape Will Have Rights Over Assaulter's Property: Allahabad High Court

LUCKNOW: In a significant judgement, the Allahabad High Court has ruled that a child born out of rape will have inheritance rights over the property of the assaulter, the "biological father".

A Division Bench of Justice Shabihul Hasnain and Justice DK Upadhayaya said the child will be treated as an illegitimate child of the rape accused and will have inheritance rights to his property.

"We may observe here that in the matter relating to inheritance, the manner of birth of a person is irrelevant; the rights of inheritance of a person are governed by the Personal Law to which the person is subject irrespective of the manner of birth of the person. It is irrelevant as to whether the newly-born child of a rape victim is born out of consensual sex or otherwise," the Lucknow bench of the High Court said yesterday.

"It is thus noted that the rights of inheritance of the newly-born child would be governed by her Personal Law and for that purpose she would be treated as an illegitimate child of her biological father," said the court.

The court, however, added that if the child is given away for adoption, then he or she will not have any rights on the property of the biological father.

The court, while giving ruling on a petition, said, "Notwithstanding the aforesaid observations, it is relevant to note that firstly this question does not really need a judicial pronouncement in the present case for the reason that if the newly born child is given in adoption, she will not have any rights of inheritance in the property of her biological father."

"Secondly, even if the child is not taken in adoption by any one, no directions of the Court would be required and she would inherit the property of her biological father by operation of the Personal Law by which she is governed...Thirdly, any direction to inherit property of her father would be fraught with grave consequences in the event the father starts claiming some special reproach privileges over the minor like rights of visitation or custody," said the court.

"In the present circumstances, we feel that this is not desirable," the bench said.